454. The Court also underlines that article 3 of Law No. 169-14 excludes the possibility of
regularizing “records based on false information, identity theft, or any other act that
constitutes falsifying a public deed, provided that the act can be attributed directly to the
beneficiary.” The Court has been informed of administrative and judicial proceedings to
decide on the annulment of records and documentation of Willian Medina Ferreras, Awilda
Medina, Luis Ney Medina, and Carolina Isabel Medina (deceased), as well as on the
criminal sanction of presumed wrongful acts in this regard. These proceedings originated
from an administrative investigation arising from the fact that Willian Medina Ferreras was
a plaintiff, under the inter-American system, requiring that the Court declare the
international responsibility of the Dominican Republic (supra para. 208). Thus, the facts
reveal that the actions and interviews on September 26 and 27, 2013, that resulted in
other proceedings, including of a judicial nature (supra para. 207), were conducted
“because this person is suing the Dominican State before the Inter-American Commission
on Human Rights” (supra para. 207).
455. Consequently, it should be recalled that Article 53 of the Court’s Rules of Procedure
establishes that “States may not prosecute […] presumed victims, or […] implement
reprisals against them […] on account of their statements […] or their legal defense before
the Court.” 489
456. It should be recalled that States have the power to institute proceedings to penalize
or annul acts contrary to their laws. However, Article 53 of the Rules of Procedure
prohibits, in general, the “prosecut[ion]” or the implementation of “reprisals” on account
of “statements or [the] legal defense” before the Court. The purpose of this norm is to
ensure that those who intervene in the proceedings before the Court may do so freely, in
the certainty that it will not prejudice them. Hence, regardless of whether or not the
documentation relating to Willian Medina Ferreras and the members of his family is null
and void, or whether or not an offense was committed (matters that the State may
investigate), in this case the explicit reason behind certain administrative investigations
relating to some victims, which resulted in judicial proceedings, was the fact that the
State was being sued in the international sphere, In these circumstances, the Court notes
that the State’s conduct has impaired the safety of the procedural activity that Article 53
seeks to protect. Thus, the Court cannot consider that legal proceedings arising from a
violation of Article 53 of the Rules of Procedure are valid, because this provision could not
achieve its purpose if proceedings instituted in violation of the provision were found to be
legitimate. Therefore, notwithstanding the State’s power to take measures under its
domestic laws and its international undertakings to punish acts that are contrary to
domestic law, the above-mentioned administrative and judicial proceedings cannot
represent an obstacle to compliance with any of the measures of reparation ordered in
this Judgment, including that related to the adoption of measures aimed at providing
Willian Medina Ferreras, Awilda Medina and Luis Ney Medina with the documentation
required to prove their identity and Dominican nationality. 490
457. Based on the above, the Dominican Republic must also adopt, within six months, the
necessary measures to annul the said administrative investigations, as well as the civil
489
It should be placed on record that, in their observations of April 10 and 14, 2014 (supra para. 19),
respectively, both the representatives and the Commission asserted that the judicial proceedings related to the
documentation of Willian Medina Ferreras and his family members “could be a retaliation […] for having recourse
to the organs of the [inter-American] system,” or the State could be “violating the regulatory norm according to
which States may not take reprisals against those who testify before the Court.”
490
Thus, if eventually applicable, the administrative and judicial proceedings underway in relation to the said
persons cannot result in the application of Article 3 of Law No. 169-14 (supra para. 454).
143
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